Marbella town hall to pay woman 34,000-euro compensation for injuries due to broken paving slab

The High Court of Justice of Andalucía (TSJA) has ordered Marbella town hall to compensate a woman with 33,900 euros, plus legal expenses, for the injuries she sustained after falling due to the bad state of the pavement.

With this, the TSJA has overturned the initial ruling a lower court had issued in favour of the town hall.

The incident dates back to 8 March 2016. That morning, the woman was walking from her home to the Valdeolletas school to accompany her grandson. Upon reaching the intersection of Calle Calvario and Avenida Cánovas del Castillo, she tripped on a broken paving slab and fell.

As a result of the accident, she suffered various injuries. According to the court ruling, she sustained multiple contusions, including trauma to her left wrist, knee, and nose. The wounds required cleaning, sutures, a nasal splint and medication to relieve pain. Over time, she suffered chronic pain in her knee and wrist, as well as localised facial disfigurement and a broken lower incisor.

Initially, the court said that it could not prove beyond doubt that the state of the pavement had caused the accident. It also considered the existing irregularities in the pavement to be minor, visible and easily avoidable, therefore blaming the accident on the complainant.

The High Court of Justice of Andalucía took a different view after reviewing the evidence. It said the lower court had failed to properly consider key material, including a witness statement, a technical report and photographs and police reports taken after the incident.

Those documents confirmed the poor condition of the pavement. A municipal report described paving stones of different colours, while police officers recorded a broken and raised slab at the scene. The court noted a paving slab raised by around two centimetres exactly where the accident happened. It said the uneven surface and the mixed-colour design of the paving made the hazard harder to spot.

The judges rejected the argument that the woman had acted carelessly. They said nothing suggested she could reasonably have expected such a hazard and they found no evidence of negligence on her part.

The court also referred to the principle of legitimate expectation, which requires public spaces to remain reasonably safe for everyday pedestrian use. It added that urban streets should not contain hidden hazards or "traps" in the public walkway, holding the town hall responsible for maintaining the pavement or warning the public about the defect.

The court concluded that the damage amounted to unlawful harm caused by the failure of a public service. It said a direct link existed between the unsafe pavement and the injuries suffered, and it found no contributory fault by the victim.

The ruling therefore overturned the earlier decision and annulled the administrative rejection of her claim. The town hall may still appeal.

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